After the Supreme Court’s June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (AmEx) (here), many questioned whether AmEx abrogated other state court decisions that had invalidated class arbitration agreements based on the “effective vindication” doctrine. View Full Post

The Supreme Court of the United States continued its hot streak in the arbitration and class action waiver arena with two recent decisions. These decisions are important for employers because they may offer employers a way control expenses related to dispute resolution with employees. View Full Post

Some of our readers may recall from their days taking Constitutional Law that Lochner v. New York was a landmark 1905 Supreme Court decision striking down a maximum 60-hour workweek law in the baking industry as contrary to a Constitutional “right to contract.” View Full Post

What happens when the parties to an arbitration agreement expressly contract out of the possibility of proceeding to a class arbitration, and this means that plaintiffs will have to incur great expense to each make proof of their claim individually, well above the amounts they may obtain as a result of their proceedings? View Full Post

The landscape of arbitration agreements and their effect on class action matters has been an area of significant evolution in recent years. Indeed, just two weeks ago, we reported on the latest Supreme Court decision that seemed to put a damper on the belief that arbitration agreements might provide a helpful avenue to stemming the tidal wave of employment and wage and hour class actions that has washed over many employers in recent years. View Full Post